Sweet v. R. Woods

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

After an incident arising out of petitioner’s insistence that there was a problem with his food, he was charged in a misbehavior report with refusing a direct order, making threats and creating a disturbance. At the conclusion of the ensuing tier III disciplinary hearing, petitioner was found guilty of all charges. That…